Suit Settlement and Release with WNC Resort Properties, LLC
As you know, last summer, Golf Mountain Estates POA, along with Etowah Golf Villas Homeowner’s Association, Inc and a few individual plaintiffs, filed a lawsuit against WNC Resort Properties, LLC and Tribute Investment Development, Inc. relating to Tribute’s stated plan to develop the golf course into an RV park or another use that would not be in harmony with the community. You will recall that the Court granted WNC Resort Properties and Tribute Investment’s motions to dismiss the case in November. It was believed that the case had merit and that the ruling was incorrect, and so, in December, the initial papers were filed to pursue an appeal of the Court’s decision, although Etowah Golf Villas Homeowner’s Association, Inc did not join in the appeal.
After filing the appeal, Parker Poe Adams & Bernstein LLP in Raleigh were retained as appellate counsel. Over the last three months, the costs, time and effort, and steps necessary to pursue the appeal were taken into consideration and it was determined that it was in the best interest of Golf Mountain Estates and the other plaintiffs to dismiss the appeal, in exchange for a release from WNC Resort Properties. With that, the lawsuit and the appeal have been concluded.
Preserving Etowah ValleyThe withdrawal of this appeal does not mean the citizens of Etowah should stop to continue efforts to preserve what we love most about our community. We realize Etowah will continue to grow, for example the Ecusta Trail “rail trail” connecting Hendersonville and Brevard will likely change the face of downtown Etowah. But we do not believe a high-density housing development built on a wetland with a sewage treatment plant next to our main street is in the best short and long-term interest of the community.
The recent January 8th and 9th rainstorms demonstrated, as seen in this video, how extensive flooding can be as a result of a 5-inch rainstorm even though the rainfall was spread over two days. If dense housing were to be built over all three courses of the golf club, flooding on the south course would be much worse because of the large expanse of land that would no longer be able to absorb the rainfall. We should also remember what happened to Cruso in 2021. The straight-line distance separating Etowah from Cruso is just 14 miles.
We also believe the current road network surrounding the proposed development will not adequately support a large housing subdivision. While the NC Department of Transportation (DOT) does have a Right-of-Way (ROW) ownership for much of Brickyard Road, it does not have the ROW from McKinney Road to Highway 64 on Brickyard (SR 1424) as seen in this document. This is a very narrow roadway as demonstrated when a local Etowah Horseshoe Fire Department truck drove into the ditch causing over $70,000 worth of damage.
The NCDOT is requiring Tribute to build a turn-lane on this portion of Brickyard Rd per this 11/3/23 Technical Memorandum For Etowah Residential. But since there is only "ditch to ditch" ROW, it is questionable whether Tribute will be able to purchase the required land to build this turn lane. And because the Planning Board would require compliance with the various subdivision standards and state law requirements, including those for driveway permits set by NCDOT, "Etowah Residential" could very well not be approved at the development plan application stage.
We have also been told by a highway engineer that narrow bridges leading to and from Etowah are substandard and need to be replaced, and while the bridges on US 64 at the French Broad River are on the NCDOT’s radar, it will be years before they will replace them.
We also firmly believe that a Wastewater Treatment Plant (WWTP) being built less than 600ft from an existing neighborhood and the Salty Landing, a popular restaurant with outdoor seating, is not in harmony with what can be considered downtown Etowah. The smell and noise would discourage any new businesses the Ecusta Trail is likely to attract to move in, and certainly would be a nuisance to those living close by.
The County did not require a Special Use Permit (SUP) for the proposed WWTP because they consider it to be a Wastewater Treatment Small Accessory (“WTPSA”.). We will be submitting this text amendment to the County to update the Henderson County Land Development code (LDC) that requires a SUP for a new treatment plan as well as a connection to an existing plant, i.e. for both WTPSA and WTP’s.
(For Background: The Henderson County LDC establishes two different uses (1) Wastewater Treatment Plant, Small Accessory (“WTPSA”); and (2) Wastewater Treatment Plant (“WTP”). The WTPSA use is permitted by right in all of the County’s zoning districts, except for the R3 and R4 districts where it requires a SUP. The WTP use, on the other hand, requires a SUP in all districts except for the County’s Industrial district.)
There are lots of reasons why we find ourselves where we are today, for example deferring maintenance and upgrades to infrastructure. It’s time to work for a future of reasonable growth and planned change that addresses environmental and societal needs.
We believe there is great hope for the future of Etowah. We look forward to and welcome the opportunity to work with WNC Properties or the future owner in making the Etowah Valley Golf and Resort a centerpiece of the Etowah community and a reason for the area to be a destination for visitors.
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